Louisiana Record

Monday, September 23, 2019

Louisiana Supreme Court revokes Baton Rouge attorney's probation for failing to submit to audits


By Karen Kidd | Jun 28, 2019

NEW ORLEANS (Louisiana Record) — The probation of longtime Baton Rouge attorney Mark G. Simmons has been revoked and he has been suspended following a June 26 Louisiana Supreme Court attorney disciplinary proceeding.

In its three-page disciplinary proceeding, the court revoked the previously deferred portion of a year-and-a-day suspension imposed in 2017, which means he is on about two months' suspension. The state high court also ordered Simmons to pay all costs and expenses, plus interest in the matter.

The court's decision followed an office of disciplinary counsel motion that Simmons' probation be revoked and the previously deferred portion of his suspension made after Simmons allegedly failed to comply with the conditions of his probation.

"A review of the record reveals that [Simmons] has not complied with the requirement of his April 9, 2018, probation agreement that he submit to the office of disciplinary counsel quarterly audits of his client trust account prepared by an office of disciplinary-approved CPA," the court said in its disciplinary proceeding.

Simmons was admitted to the bar in Louisiana on April 27, 1990, according to his profile at the Louisiana State Bar's website.

In October 2017, Simmons received a year-and-a-day suspension, with all but 60 days deferred, to be followed by two years' supervised probation. The state Supreme Court handed down the discipline over allegations Simmons mismanaged his client trust account, neglected a legal matter and failed to communicate with a client and to cooperate with two office of disciplinary counsel investigations.

Earlier this month, the Louisiana Attorney Disciplinary Board (LADB) recommended Simmons' probation be revoked and that the previously deferred portion his suspension be made executory after neither Simmons nor counsel representing him appeared for a hearing in May.

The LADB's recommendation doesn't appear to be related to a hearing committee's recommendation in early April that Simmons be permanently disbarred after he allegedly practiced law while suspended.

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Organizations in this Story

Louisiana Attorney Disciplinary Board Louisiana State Bar Association Louisiana Supreme Court

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